CHARTERING AND CHARTER-PARTIES 51
proof of terms and conditions and this may prove to be
disastrous. Charter-parties made by word of mouth of
course are not stamped, there being no document to execute.
Several points raised in connection with charter-parties
are given below—
Always afloat. Meaning that the vessel shall remain
afloat during the whole of her loading or discharge, and shall
at no time rest upon the bottom of the river or dock.
"Redelivered in like good order and condition." Charterer
must redeliver the steamer after the period of the time
charter has elapsed in the same condition as when he
accepted her, with the proviso " fair wear and tear excepted."
In some time charters the charterer has the right to paint
the funnel any colour he may wish—in order to make the
ship uniform with his other vessels, if running on a regular
service—but on redelivery of the ship, it is his obligation
to repaint the ship's funnel its original colour. All damages
must be repaired if they occur whilst under charter.
Brokerage. The broker is entitled to a commission for the
business transacted under the charter-party, and this con-
stitutes part of the contract. As, however, he is not a
principal in the agreement, he is not entitled to sue for his
commission, but may claim the protection of the charterer,
and the principal is then bound to sue for the commission
claimed. This in effect is the borrowing by the broker of
the principal's name in order to overcome the point of law
in this connection.
Representation or misrepresentation. Occasions arise
where incorrect particulars are given in the charter-party,
and any claims which may arise are judged upon the extent
of such representation and its effect on the contract.
Signing charter-parties. If the charter-party is signed in
an unqualified manner, then the signatories to it are con-
sidered the principals; therefore when a broker signs a
charter-party for his principal he must qualify his signature
accordingly. Should it be mentioned in the charter-party
that" John Brown " is acting as agent and reference be made
to him as the agent, there is no necessity to state that he is